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Can I just trust in the court system?

7 replies

Pumpkinpie11 · 25/04/2014 21:41

I would like to believe that the courts do what's right and fair.
Am I wrong?
I'm going through a divorce and the finances are going through the courts.
I have a number of small children and can not afford a solicitor.
My belief has been that the court would not force us out of our home because the ex wants cash but am I wrong?
Can the other party's solicitor convince them to do something which is not in the children's best interests by slagging me off?
My intention was to just go, not slag him off and trust the system but my friends think I'm mad.

OP posts:
wearymum73 · 25/04/2014 21:56

Hi, I have just gone through a financial settlement through the courts on my own without a solicitor.
The first thing to do is to get your house valued and see how much equity is in the house, and try to agree with your ex to see how to share this amount, you also need to know the amount of other monies, ie pension, savings, shares...if none, then it is easier to share. The court will want a form e completed this details all of this.
The court takes everything 50/50 now (which I did not know)
I managed to get a agreement for a share of the house to be paid when my eldest turns 18, or leaves full time education.
The court will not make you sell your house if there is not enough equity in the house for you to rehouse you and the kids.
I hope this helped, pm me if you'd like a bit more info.

adv1cen33d3d · 25/04/2014 21:59

In my experience, even with a very good brief and a legal back ground I would NOT trust the legal system one bit.

wearymum73 · 25/04/2014 22:04

Forgot to say, the judge does not care about insult throwing, or making someone look bad, so do not go in saying anything against your ex, if your ex does then it makes him look an idiot.
The judge just wants to help you resolve the situation.

mandy214 · 25/04/2014 22:27

Its tricky. The Court may make a decision which it thinks is fair, but that might not be the same as what you think is fair, or what you think is in the interests of the children.

The Court is concerned with the practicalities, what you (and the children) need, and what your husband needs. If, as a family, you cant afford to keep the house and re-house your husband then you may have to move out.

So, to answer your question you can proceed without a solicitor, but the result may not be what you want (regardless of whether you have a solicitor or not). Lots of solicitors offer a free half hour - make an appointment just so you can get some basic advice. Good luck.

Pumpkinpie11 · 25/04/2014 22:30

Thanks wearymum. We're past the disclosure stage and have the first hearing next week.
He's requesting the house is split, he gets the car I drive & keeps all his pension which is worth double the equity. I can't really see that happening.
How can I PM you?
Advcen1 - don't the courts have fair guidelines they have to stick to? I thought the welfare of the children has to come first?
On one hand I'm worried but on the other I think I should trust them to put the children's welfare above anyone's greed & bitterness.

OP posts:
babybarrister · 25/04/2014 22:49

This reply has been deleted

Message withdrawn at poster's request.

Pumpkinpie11 · 25/04/2014 23:32

Then I think my best bet is to just be honest and then at least whatever is decided will be based on that and if the ex wishes to do this to his children it's his choice.
As long as I can promise my children I have done and will continue to do what I feel is best for them I'm happy.
Everything else is out of my control and in that of the court.

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